Date: 2013-08-01

Trade Court Rebukes ITC Again for Ball Bearing Dumping Decision

The U.S. Court of International Trade (CIT) has rebuked the International Trade Commission (ITC) once again in a 2006 antidumping duty review for ball bearings from Japan and the UK. This is the third time the court has rejected the ITC's review and sent it back for rework.

The CIT has been increasingly hard on the ITC for sloppy work, not following the court's instructions, and reaching questionable conclusions based on incomplete and/or flawed research.

Sending back the ITC's decision the first time, the CIT said the ITC's review was, "not supported by substantial evidence or in accordance with law."

This particular Sunset Review (every five years) began back in 2006 and initially covered all of the antidumping duties on Ball Bearings from Germany, France, Italy, Japan, and the UK.

NSK, FAG and others appealed the decision, forcing the ITC to review it.

In June 2006, the ITC came back with its decision its work was correct and that the antidumping duties on ball bearings would stay as-is.

NSK appealed that finding to the Court of International Trade, but just for bearings from Japan and the UK. In September 2008, the CIT agreed with NSK and instructed the ITC to review its decision using a Bratsk analysis of non-subject imports : reassess supply conditions within the United States, and in particular restructuring efforts by U.S. bearing manufacturers; and reexamine its findings in regard to UK bearing imports as a result of the other analyses.

The ITC began work on the new analysis in October 2008, but asked the court to stop the review following recent decisions in a case involving Mittal Steel. Timken also filed a motion to stop the review and keep duties as they are. The court agreed to suspend the ITC's work until it could fully assess the situation.

In December 2008, the court decided the ITC's antidumping review work should recommence as originally instructed.

The ITC performed its re-review and published the results in May 2009, essentially reaffirming its first decision.

NSK, FAG and others appealed that second review to the CIT, and in May 2009, the court found fault with the ITC's methodology and told it to go back for a third try.

In that decision, the Court ominously said: "The court finds that the ITC

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